Destiny Duncan v. HHS - Tdap, painful scar (2018)

Destiny Duncan filed a petition on May 16, 2018, alleging that she received a Tdap vaccination on July 28, 2015, and subsequently developed cellulitis, a subcutaneous tissue injury, keloid scarring, and neuropathy of the left upper extremity. The respondent conceded that Ms.

Duncan was entitled to compensation for a painful scar, which was deemed vaccine-related. However, the respondent denied that cellulitis, subcutaneous tissue injury, keloid scarring, or neuropathy were separate vaccine-related injuries warranting compensation.

The respondent noted that Ms. Duncan met the statutory requirements for compensation for her painful scar, having suffered from it for more than six months.

The case proceeded as an off-Table claim, with the respondent agreeing to a proffer for damages. The court adopted the proffer, awarding Ms.

Duncan $50,840.35, which included $50,000.00 for pain and suffering and $840.35 for past unreimbursable medical expenses. The decision dismissed Ms.

Duncan's claims for keloid scarring and neuropathy.